What are the characteristics of the guarantee guarantee, and what are the characteristics of the gua

As a creditor's rights security system, guarantee guarantee mainly has the following legal characteristics: (1) Guarantee guarantee belongs to the category of creditor's rights guarantee. Guarantee is different from the form of security of mortgage, pledge, lien and other things, it is to provide security for the debts of others with the reputation of the guarantor and unspecified property; (2) The guarantor in the guarantee must be a third party other than the main contract, and the debtor shall not guarantee its own debts; (3) Guarantee claims, like other ordinary claims, do not have the right of priority to be repaid.

If the guarantor has more than one creditor, the creditors of *** are not paid in priority over the other creditors. (4) The procedure for setting up a guarantee is relatively simple. The establishment of a guarantee does not require registration with the relevant authorities, so compared with mortgages, pledges and other forms of security, guarantees have the characteristics of simple procedures and conducive to the operation of the parties.

1 Guarantee is a personal guarantee. Guarantee is different from the form of security of mortgage, pledge, lien and other things, it is to provide security for the debts of others with the reputation of the guarantor and unspecified property;

2. The guarantor must be a third party other than the main contract, and the debtor may not guarantee its own debts;

(3) Guarantee claims, like other ordinary claims, do not have the right of priority to be repaid. If the guarantor has more than one creditor, the creditors of *** are not paid in priority over the other creditors.

(4) The procedure for setting up a guarantee is relatively simple. The establishment of a guarantee does not require registration with the relevant authorities, so compared with mortgages, pledges and other forms of security, the guarantee has the advantages of simple procedures and conducive to the operation of the parties.

The guarantee has the following features:

1. Guarantee is subordinate.

2. The guarantee is voluntary.

3. The assumption of guarantee liability is contingent.

4. The guarantee has the nature of property rights.

5. The guarantee is variable.

Extended Information] A guarantee is a measure taken to secure the realization of a certain obligation, which is the principal legal relationship.

The guarantee is from the legal relationship. Guarantees, including PICC, property and monetary guarantees.

Property security, i.e., security interest.

It uses the exchange value of the thing as security for the realization of the claim. Modern civil law system.

The security interest regime of the State is inherited from the security regime in rem of Roman law, including mortgages, pledges and liens.

Three categories. Among them, the object of mortgage includes three types of unlit, namely movable property, immovable property and immovable usufruct right.

That is, the right to use construction land and the right to operate land). The object of pledge includes two categories, namely movable property and rights. There is only one type of subject matter of a lien, movable property.

PICC, that is, guarantee, which uses the person's credit (credit) as the guarantee for the realization of the creditor's rights, including general guarantee and joint and several guarantee. Its establishment is intentional, requiring the guarantor and the creditor to enter into a written guarantee contract without the need to transfer the subject matter.

of possession. A monetary guarantee is a deposit.

It is secured by a specific currency, and its creation is also intentional, requiring both parties to sign a written deposit contract and transferring possession of the subject matter.

The mortgage right refers to the right of the creditor to receive preferential repayment of the property provided by the debtor or a third party as a guarantee for the performance of the debt without transferring possession in the event that the debtor fails to perform the debt or the debtor fails to realize the mortgage as agreed by the parties. In the legal relationship of mortgage, the person who has the right to mortgage is the mortgagee (i.e. the creditor), the person who provides the mortgaged property is the mortgagor, and the property used as security is called the mortgaged property.

The mortgage right refers to the security interest that the creditor enjoys in accordance with the law in respect of the mortgaged property secured by the debtor or a third party without transferring possession and providing security for the creditor's rights, when the debtor fails to perform the due debts or realizes the mortgage rights as agreed by the parties.

Legal analysis: 1. Guarantee: It is a guarantee method in which the guarantor (third party) and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability according to the agreement, and the guarantor has the right to recover from the debtor after performing the debt.

2. Mortgage: refers to the right of the debtor or a third party to provide a certain property as collateral, and if the debtor fails to perform its obligations, the creditor shall have priority to repay the mortgage or the price of selling the collateral in accordance with the provisions of the law. 3. Pledge:

It is the debtor or a third party who transfers its movable property or certificate of right to the creditor for possession, and uses the movable property or right as security for the creditor's right. When the debtor fails to perform its debts, the creditor has the right to repay the debts by discounting or selling the movable property or rights in accordance with the law. 4. Lien means that if the creditor takes possession of the debtor's movable property in accordance with the custody contract, transportation contract and processing contract, and the debtor fails to perform the debt within the time limit agreed in the contract, the creditor has the right to retain the property and be repaid in priority at the discount of the retained property or the price of auction or sale of the property.

If Party A processes clothing for Party B, and Party B does not pay the processing fee, in accordance with the provisions of the contract, Party A has the right to retain Party B's clothing, and can discount or sell these clothing, and the price obtained is used to repay the processing fee.5. Deposit: refers to a certain amount of money paid to the other party within the scope specified in the contract for the purpose of ensuring the performance of the contract.

Legal basis: Civil Code of the People's Republic of China

Article 114:Civil entities enjoy property rights in accordance with law. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Article 241: The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 259: Institutions performing the duties of management and supervision of State-owned property and their staffs shall, in accordance with law, strengthen the management and supervision of State-owned property, promote the preservation and appreciation of the value of State-owned property, and prevent the loss of State-owned property; Anyone who abuses his power or neglects his duties, causing losses of state-owned property, shall bear legal responsibility in accordance with law, and shall bear legal responsibility in accordance with law if he violates the regulations on the management of state-owned property and transfers it at a low price, conspires to privately divide the property without authorization, or causes the loss of state-owned property in the course of enterprise restructuring, merger, division, or related party transactions.

A guarantee refers to a guarantee made by a third party other than the debtor to the creditor for the performance of the debtor's obligations. It is a typical PICC and a typical contractual guarantee.

When the debtor fails to perform its obligations, the creditor has the right to be repaid in priority at the price of the property at a discount or by auction or sale of the property in accordance with the provisions of the Security Law.

It can be seen from this that the characteristics of mortgage guarantee are:

First, the mortgagor can be a third party or the debtor itself. This is different from a guarantee, in which the debtor itself cannot act as a guarantor.

Second, the collateral is movable property or immovable property. This is different from a pledge, where the pledge can only be movable property.

Third, if the mortgagor does not transfer the possession of the collateral, the mortgagor may continue to occupy and use the collateral. This is also different from a pledge, where the pledge must be transferred to the possession of the pledgee.

Fourth, the mortgage guarantee is realized by the mortgagee (creditor) exercising the priority right of repayment. The right of priority is the core content of the mortgage.

Fifth, the exercise of the mortgage right must be premised on the debtor's non-performance of the debt.

Extended reading: [Insurance] How to buy, which one is better, teach you Qi Tang to avoid these insurance"pits"

The guarantee has the following characteristics: (1) The sponsor has the subordinate attributes. (2) The guarantee is voluntary. (3) The assumption of liability for the guarantee is contingent. (4) The security has the defense of property rights. (5) The guarantee is variable.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

The guarantee has the following characteristics: (1) The sponsor has the subordinate attributes. (2) The guarantee is voluntary. (3) The assumption of liability for the guarantee is contingent. (4) The security has the defense of property rights. (5) The guarantee is variable.

Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"

Legal analysis: Guarantee refers to the agreement between a third party other than the parties to the contract and one of the parties to the contract that when the debtor fails to perform the due debts or the circumstances agreed by the parties occur, it will perform the debts or assume the liabilities on its behalf.

Legal basis: "Carrying the Civil Code of the People's Republic of China" Article 681 Qiao Qiaofeng A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debts or the circumstances agreed by the parties occur, the guarantor will perform the debts or assume the liabilities.

Legal analysis: According to the law, there are several types of guarantees, such as guarantees, mortgages, pledges, liens and deposits. Guarantee is a type of guarantee, which refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor shall perform the obligations of the main contract or assume responsibility according to the agreement.

This type of security can be used in conjunction with several other types of security. After assuming the guarantee liability, the guarantor has the right to request repayment from the principal debtor. Where there is both a guarantee for the secured creditor's rights and a guarantee from a person, it shall be handled according to the following circumstances:

1) When there is an agreement on mortgage, pledge and guarantee in the contract, it shall be handled in accordance with the agreement; (2) In the absence of an agreement or the agreement is not clear, and the debtor provides security for the pledge, mortgage, etc., the security right in the security of the property shall be realized first; (3) Where there is no agreement or the agreement is not clear, and a third party provides security for a pledge, mortgage, or other thing, and there is a guarantee from another person, the parties shall be allowed to choose.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party does not transfer the possession of the property to the creditor in order to guarantee the performance of the debt, and the debtor fails to perform the debts due or the mortgage rights are realized as agreed by the parties, the creditor shall have the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 395 The following property that the debtor or a third party has the right to dispose of may be mortgaged: (1) buildings and other land attachments; (B) the right to use construction land; (3) the right to use maritime space; (4) Production equipment, raw materials, semi-finished products and products; (5) Buildings, ships, and aircraft under construction; (6) means of transportation; (7) Other property that is not prohibited by laws or administrative regulations from being mortgaged. The mortgagor may mortgage the property listed in the preceding paragraph.

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.